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Implementing Agreements Between Indigenous Peoples And Resource Developers In Australia And Canada
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Book Synopsis Implementing Agreements Between Indigenous Peoples and Resource Developers in Australia and Canada by : Ciaran O'Faircheallaigh
Download or read book Implementing Agreements Between Indigenous Peoples and Resource Developers in Australia and Canada written by Ciaran O'Faircheallaigh and published by . This book was released on 2003 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Settling with Indigenous People by : Marcia Langton
Download or read book Settling with Indigenous People written by Marcia Langton and published by Federation Press. This book was released on 2006 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settling with Indigenous People describes the making of ten contemporary, mostly Australian, local and regional agreements and details the avenues through which such agreements can be implemented and sustained.The Australian regional agreements concern South West Australia, the Murray-Darling Basin, and Cape York. There is a chapter about the return of the Maralinga lands to its traditional owners and one detailing two local government agreements in central and southwest Australia. Urban agreements in Darwin and Vancouver are compared and there are also chapters on the North West Territories and Northern Quebec in Canada and the Ngai Tahu in the South Island of New Zealand.The discussion addresses:governance and leadershipnegotiation strategies, including the role of formal negotiating frameworksthe importance of process and outcomethe crucial impact of politics and timingthe significance of private sector engagementimplementation mechanismsThe chapters show how agreement-making has provided a forum in which indigenous groups can negotiate their needs and aspirations, including fundamental issues of recognition, inclusion and economic opportunity.The authors include indigenous and non-indigenous academics, and others who have been involved in negotiating agreements.
Book Synopsis Indigenous-Industry Agreements, Natural Resources and the Law by : Ibironke T. Odumosu-Ayanu
Download or read book Indigenous-Industry Agreements, Natural Resources and the Law written by Ibironke T. Odumosu-Ayanu and published by Routledge. This book was released on 2020-12-27 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.
Book Synopsis Land Acquisition and Resource Development in Contemporary India by : Shashi Ratnaker Singh
Download or read book Land Acquisition and Resource Development in Contemporary India written by Shashi Ratnaker Singh and published by Cambridge University Press. This book was released on 2021-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the nuances of land and resource politics and summarizes the long-standing land acquisition and mining debate.
Book Synopsis Negotiations in the Indigenous World by : Ciaran O'Faircheallaigh
Download or read book Negotiations in the Indigenous World written by Ciaran O'Faircheallaigh and published by Routledge. This book was released on 2015-09-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiated agreements play a critical role in setting the conditions under which resource development occurs on Indigenous land. Our understanding of what determines the outcomes of negotiations between Indigenous peoples and commercial interests is very limited. With over two decades experience with Indigenous organisations and communities, Ciaran O’Faircheallaigh's book offers the first systematic analysis of agreement outcomes and the factors that shape them, based on evaluative criteria developed especially for this study; on an analysis of 45 negotiations between Aboriginal peoples and mining companies across all of Australia’s major resource-producing regions; and on detailed case studies of four negotiations in Australia and Canada.
Book Synopsis Extractive Relations by : John R. Owen
Download or read book Extractive Relations written by John R. Owen and published by Routledge. This book was released on 2017-09-19 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extractive Relations explores the nature of industrial power and its role in shaping what we understand to be the global mining sector. The authors examine issues at the forefront of contemporary debates: corporate obligations in safeguarding the rights of people displaced by mining, the recognition of community rights and interests in supporting or opposing mining developments, the handling of non-judicial grievances and workability of corporate remedy systems, and the logic of community relations departments in navigating these issues inside and outside of the typical modern mining establishment. The authors develop a unique theoretical approach that highlights the different types and uses of power in these settings. This perspective is supported by the authors' own sustained engagement with the mining sector over many years, drawing on cases from over twenty countries. The analysis of these issues from both 'inside' and 'outside' the sector is a key point of differentiation. For readers seeking to understand how mining companies interpret and interact with the communities and interests around their operations, this book provides invaluable insight and analysis.
Book Synopsis Earth Matters by : Ciaran O’Faircheallaigh
Download or read book Earth Matters written by Ciaran O’Faircheallaigh and published by Routledge. This book was released on 2017-09-08 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples have historically gained little from large-scale resource development on their traditional lands, and have suffered from its negative impacts on their cultures, economies and societies. During recent decades indigenous groups and their allies have fought hard to change this situation: in some cases by opposing development entirely; in many others by seeking a fundamental change in the distribution of benefits and costs from resource exploitation. In doing so they have utilised a range of approaches, including efforts to win greater recognition of indigenous rights in international fora; pressure for passage of national and state or provincial legislation recognising indigenous land rights and protecting indigenous culture; litigation in national and international courts; and direct political action aimed at governments and developers, often in alliance with non-governmental organisations (NGOs). At the same time, and partly in response to these initiatives, many of the corporations that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples by adopting what are generally referred to as "corporate social responsibility" (CSR) policies. This book focuses on such corporate initiatives. It does not treat them in isolation, recognising that their adoption and impact is contextual, and is related both to the wider social and political framework in which they occur and to the activities and initiatives of indigenous peoples. It does not treat them uncritically, recognising that they may in some cases consist of little more than exercises in public relations. However, neither does it approach them cynically, recognising the possibility that, even if CSR policies and activities reflect hard-headed business decisions, and indeed perhaps particularly if they do so, they can generate significant benefits for indigenous peoples if appropriate accountability mechanisms are in place. In undertaking an in-depth analysis of CSR and indigenous peoples in the extractive industries, the book seeks to answer the following questions. What is the nature and extent of CSR initiatives in the extractive industries and how should they be understood? What motivates companies to pursue CSR policies and activities? How do specific political, social and legal contexts shape corporate behaviour? What is the relationship between indigenous political action and CSR? How and to what extent can corporations be held accountable for their policies and actions? Can CSR help bring about a fundamental change in the distribution of benefits and costs from large-scale resource exploitation and, if so, under what conditions can this occur? Earth Matters gathers key experts from around the world who discuss corporate initiatives in Alaska, Ecuador, Australia, Canada, Peru, Papua New Guinea, Indonesia and Russia. The book explores the great diversity that characterises initiatives and policies under the name of "corporate social responsibility", the highly contingent and contextual nature of corporate responses to indigenous demands, and the complex and evolving nature of indigenous–corporate relations. It also reveals much about the conditions under which CSR can contribute to a redistribution of benefits and costs from large-scale resource development. Earth Matters will be essential reading for those working in and studying the extractive industry worldwide, as well as those readers looking for a state-of-the-art description of how CSR is functioning in perhaps its most difficult setting.
Book Synopsis Community Futures, Legal Architecture by : Marcia Langton
Download or read book Community Futures, Legal Architecture written by Marcia Langton and published by Routledge. This book was released on 2012-05-31 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are indigenous and local people faring in their dealings with mining and related industries in the first part of the 21st century? The unifying experience in all the resource-rich states covered in the book is the social and economic disadvantage experienced by indigenous peoples and local communities, paradoxically surrounded by wealth-producing projects. Another critical commonality is the role of law. Where the imposition of statutory regulation is likely to result in conflict with local people, some large modern corporations have shown a preference for alternatives to repressive measures and expensive litigation. Ensuring that local people benefit economically is now a core goal for those companies that seek a social licence to operate to secure these resources. There is almost universal agreement that the best use of the financial and other benefits that flow to indigenous and local people from these projects is investment in the economic participation, education and health of present generations and accumulation of wealth for future generations. There is much hanging on the success of these strategies: it is often asserted that they will result in dramatic improvements in the status of indigenous and local communities. What happens in practice is fascinating, as the contributors to this book explain in case studies and analysis of legal and economic problems and solutions.
Book Synopsis Sharing the Costs and Benefits of Energy and Resource Activity by : Lila Barrera-Hernández
Download or read book Sharing the Costs and Benefits of Energy and Resource Activity written by Lila Barrera-Hernández and published by Oxford University Press. This book was released on 2016-03-31 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
Book Synopsis Honour Among Nations? by : Marcia Langton
Download or read book Honour Among Nations? written by Marcia Langton and published by Academic Monographs. This book was released on 2004 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.
Book Synopsis Indigenous Peoples, Natural Resources and Governance by : Monica Tennberg
Download or read book Indigenous Peoples, Natural Resources and Governance written by Monica Tennberg and published by Routledge. This book was released on 2021-12-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers multidisciplinary perspectives on the changing relationships between states, indigenous peoples and industries in the Arctic and beyond. It offers insights from Nordic countries, Canada, Australia, New Zealand and Russia to present different systems of resource governance and practices of managing industry-indigenous peoples’ relations in the mining industry, renewable resource development and aquaculture. Chapters cover growing international interest on Arctic natural resources, globalization of extractive industries and increasing land use conflicts. It considers issues such as equity, use of knowledge, development of company practices, conflict-solving measures and the role of indigenous institutions. Focus on Indigenous peoples and Governance triangle Multidisciplinary: political science, legal studies, sociology, administrative studies, Indigenous studies Global approach: Nordic countries, Canada, Russia, Australia, New Zealand and Canada Thorough case studies, rich material and analysis The book will be of great interest to legal scholars, political scientists, experts in administrative sciences, authorities at different levels (local, regional and nations), experts in human rights and natural resources governance, experts in corporate social governance.
Book Synopsis Transnational Legal Processes and Human Rights by : Lauren Fielder
Download or read book Transnational Legal Processes and Human Rights written by Lauren Fielder and published by Routledge. This book was released on 2016-02-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.
Download or read book Expert Ignorance written by Deval Desai and published by Cambridge University Press. This book was released on 2023-06-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopts an interdisciplinary approach to study 'expert ignorance', or the power of experts who continually admit the limits of their knowledge.
Book Synopsis Developing Governance and Governing Development by : Diane Smith
Download or read book Developing Governance and Governing Development written by Diane Smith and published by Rowman & Littlefield. This book was released on 2021-08-18 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, far too many discussions about Indigenous governance and development are dominated by accounts of disadvantage, deficit and failure. This book paints a different international picture, testifying to Indigenous peoples as agents of governance innovation and successful developers in their own right, telling stories in their words, from their own experiences and countries. From Indigenous voices, we hear alternative concepts and measures of effectiveness, legitimacy, success and sustainability. Indigenous stories and voices are captured as case study chapters, written in lively, clear language about what is happening that is promising and productive in Indigenous self-determined governance for self-determined development in Canada, Australia, Aotearoa/New Zealand and the USA; all English colonial–settler countries.
Book Synopsis Natural Resource Extraction and Indigenous Livelihoods by : Gavin Hilson
Download or read book Natural Resource Extraction and Indigenous Livelihoods written by Gavin Hilson and published by Routledge. This book was released on 2016-04-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an extended analysis of how resource extraction projects stimulate social, cultural and economic change in indigenous communities. Through a range of case studies, including open cast mining, artisanal mining, logging, deforestation, oil extraction and industrial fishing, the contributors explore the challenges highlighted in global debates on sustainability, Corporate Social Responsibility (CSR), and climate change. The case studies are used to assess whether and how development processes might compete and conflict with the market objectives of multinational corporations and the organizational and moral principles of indigenous communities. Emphasizing the perspectives of directly-affected parties, the authors identify common patterns in the way in which extraction projects are conceptualized, implemented and perceived. The book provides a deeper understanding of the dynamics of the human environments where resource extraction takes place and its consequent impacts on local livelihoods. Its in-depth case studies underscore the need for increased social accountability in the planning and development of natural resource extraction projects.
Book Synopsis Modern Studies in Property Law - Volume 4 by : Elizabeth Cooke
Download or read book Modern Studies in Property Law - Volume 4 written by Elizabeth Cooke and published by Bloomsbury Publishing. This book was released on 2007-05-21 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.
Book Synopsis Power, Culture, Economy by : Jon Altman
Download or read book Power, Culture, Economy written by Jon Altman and published by ANU E Press. This book was released on 2009-08-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research over the past decade in health, employment, life expectancy, child mortality, and household income has confirmed that Indigenous Australians are still Australia's most disadvantaged group. Those residing in communities in regional and remote Australia are further disadvantaged because of the limited formal economic opportunities there. In these areas mining developments may be the major-and sometimes the only-contributors to regional economic development. However Indigenous communities have gained only relatively limited long-term economic development benefits from mining activity on land that they own or over which they have property rights of varying significance. Furthermore, while Indigenous people may place high value on realising particular non-economic benefits from mining agreements, there may be only limited capacity to deliver such benefits. This collection of papers focuses on three large, ongoing mining operations in Queensland, Western Australia and the Northern Territory under two statutory regimes-the Aboriginal Land Rights (Northern Territory) Act 1976 and the Native Title Act 1993. The authors outline the institutional basis to greater industry involvement while describing and analysing the best practice principles that can be utilised both by companies and Indigenous community organisations. The research addresses questions such as: What factors underlie successful investment in community relations and associated agreement governance and benefit packages for Indigenous communities? How are economic and non-economic flows monitored? What are the values and aspirations which Indigenous people may bring to bear in their engagement with mining developments? What more should companies and government do to develop the capacity and sustainability of local Indigenous organisations? What mining company strategies build community capacity to deal with impacts of mining? Are these adequate? How to prepare for sustainable futures for Indigenous Australians after mine closure? This research was conducted under an Australian Research Council Linkage Project, with Rio Tinto and the Committee for Economic Development of Australia as Industry Partners.
